The High Court in Nairobi has ordered the state to produce a postmortem report of a body recovered at Lake Yahood in Wajir County by 2PM tomorrow.gu
In his ruling, Judge Alexander Muteti said that the state has failed to inform the court what difficulties the government pathologist has encountered thus the prayer for time was only based on estimation.
The State had requested to be granted 2 more days on grounds that the pathologist is encountering some challenges.
The body is believed to be that of the missing Dela Ward MCA Yusuf Ahmed although the postmortem report has so far returned negative results.
When the matter came up for mention, the state requested for two extra days to table the postmortem report from the Government Chemist saying the autopsy report submitted by the family pathologist should not be admitted in Court.
However, the family through Advocate Danstan Omari objected to the application saying the state has all what it takes to retrieve the postmortem report from the Government Chemist within a shorter period.
The family Lawyers pleaded with the state to be sensitive to the family members of the missing MCA saying that asking for two days is being fairly insensitive.
In his ruling, Justice Alexander Muteti said that the state failed to inform the court what are the difficulties the government pathologist has encountered thus the prayer for time was only based on estimation.
“We have not been told what are the difficulties the chief government pathologist has encountered thus the prayer for time is not based on anything but estimation.
The matter is serious and has been pending for a while which should not the case to matters of this nature. This court directs that this matter will proceed tomorrow the 25th October, with or without the report by the chief government pathologist.
The request for two days is not reasonable and is hereby by rejected.” Ordered Justice Muteti.
The Dela Ward, in Wajir County MCA was abducted on the night of September 13, 2024 from a Taxi on his way to South B estate.
He has since gone missing with his family being left in the dark as to his whereabouts.
